Ali Akbar vs State Ss — 2025 MLD 818 LAHORE-HIGH-COURT-LAHORE

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Ali Akbar VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of weapon of offence---Inconsequential---Accused were charged for committing murder of the son of complainant and also causing injures to the complainant by firing---As per record blood stained daggers were recovered on the pointation of accused persons on 20.03.2020 and positive report of Forensic Science Agency was available---As per the prosecution case, on 12.03.2020, the appellants were arrested---Investigating Officer, on 20.03.2020, recovered the weapon of offences, i.e., blood-stained daggers on the pointing of accused persons, which were taken into possession through the sealed parcels and same were deposited with the office of Forensic Science Agency---Per the Forensic Science Agency Report, human blood was identified on daggers recovered from the appellants---Although the evidence relating to the recovery of blood-stained "daggers" was in line, but notably the recovered daggers were analyzed on 16.04.2020, i.e., forty-three days after the occurrence---Human blood was not compared with deceased's blood---It was not possible to determine the origin of the blood on "daggers", as blood disintegrated after one month of the occurrence---Even otherwise, it did not appeal to reason that the accused might have kept blood-stained daggers with them in their house intact to produce them before the Investigating Officer on their arrest---Accused could not be expected to keep the blood-stained daggers in their house for a long period when they could have easily disposed of them---Admittedly, the recoveries were effected from a joint house---In much circumstances, the recoveries and positive report were not of any consequence---Circumstances established that the prosecution had not been able to prove its case against the appellants beyond any shadow of doubt---Appeal against conviction was allowed accordingly.

Ali Akbar vs State Ss — 2025 MLD 818 LAHORE-HIGH-COURT-LAHORE

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